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For the first time since independence, the National Assembly is being urged to review Section 90 of the 1983 Constitution to allow descendants of nationals beyond the first generation to reclaim citizenship — a moral and legal appeal redefining the Federation’s connection to its diaspora.

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BASSETERRE, ST. KITTS (October 29, 2025) —

In what could mark a turning point in St. Kitts and Nevis’ citizenship history, petitioner Kimara Smith, granddaughter of the late Frieda Dias of Sandy Point, has formally asked the National Assembly to reform the Federation’s citizenship laws to restore nationality rights to descendants of nationals born before independence.

The petition — to be presented by Attorney General and Minister of Justice and Legal Affairs, Senator the Hon. Garth Wilkin — calls on lawmakers to amend Section 90 of the St. Kitts and Nevis Constitution Order 1983, a 42-year-old provision that restricts citizenship by descent to only the first generation born abroad.

“I humbly pray that the National Assembly review and reform Section 90 of the Constitution so that descendants of Kittitians and Nevisians beyond the first generation may reclaim their rightful citizenship and heritage,” the petition reads.

This development, included in the Order Paper for Friday’s sitting of the Assembly, represents one of the most significant diaspora-driven constitutional appeals since independence in 1983.

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A Diasporic Appeal Rooted in Justice and Identity

Smith’s petition stems from her mother’s denied application for citizenship by descent — a decision that she says “disregards an ancestral link to St. Kitts and Nevis” and “perpetuates colonial inequities.”

In a passionate Letter to the Editor circulating across Caribbean media, Smith writes that Section 90 “continues to perpetuate systemic exclusions created under colonial rule,” cutting off children and grandchildren of nationals from their homeland.

“This ruling cuts off my mother’s rightful connection to her homeland and disregards a documented ancestral link,” Smith argued. “It is unjust to sideline descendants of nationals when their lineage predates both independence and current law.”

Her plea extends beyond a legal correction — it’s a moral argument about belonging, identity, and the Federation’s responsibility to its global diaspora.

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The Legal Fault Line: Section 90 and Its Colonial Legacy

Under Section 90(1)–(3) of the 1983 Constitution, citizenship by descent is granted only to the first generation born outside St. Kitts and Nevis to a parent who is a citizen “otherwise than by descent.”

Legal analysts have long criticized this provision as overly restrictive and outdated, noting that many post-colonial Commonwealth nations — including Barbados, Jamaica, and Ghana — have since modernized similar laws to recognize second- and third-generation descendants.

Smith’s petition highlights that the clause effectively disenfranchises thousands of potential citizens in the diaspora, many of whom maintain strong cultural, familial, and economic ties to the Federation.

“In contrast, many countries — especially in Europe and Africa — now acknowledge that citizenship stems not only from birthplace, but from heritage and cultural identity,” Smith wrote. “After colonization displaced families, severed ties, and stripped rights, it is shocking that St. Kitts and Nevis now rejects those seeking to reconnect with their roots.”

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Historical First for Parliament

While the Government has received individual citizenship appeals in the past, it remains unclear whether this is the first formal petition of its kind ever tabled in the National Assembly since independence.

Constitutional scholars note that the inclusion of the petition on the Assembly’s official agenda reflects a growing willingness by the Drew administration to engage diaspora concerns within the constitutional framework.

If adopted for debate, the petition could lead to the establishment of a Special Committee on Citizenship and Constitutional Review, or referral to the ongoing Constitutional Modernization Programme, which seeks to align the Federation’s laws with international human-rights and citizenship norms.

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Regional and Global Context

Smith’s call mirrors a broader Caribbean trend of diaspora reconnection. In recent years:

• Jamaica expanded recognition for second-generation descendants to strengthen cultural and economic ties.
• Barbados reformed its citizenship laws to include grandchildren of nationals in the diaspora.
• Ghana’s “Right of Return” Act and Sierra Leone’s diaspora citizenship programme have become global models for reparative justice through citizenship.

If St. Kitts and Nevis follows suit, it could re-establish thousands of dormant citizenship claims and re-energize diaspora engagement — from remittances and investment to education and cultural exchange.

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A Generational Moment of Reckoning

At the heart of Smith’s petition lies a generational plea: to bridge the gulf between those who stayed and those who left.

“This is more than a legal matter,” she wrote. “It is about identity, belonging, and preserving a generational connection to our homeland.”

Her words resonate across a diaspora spanning the United States, Canada, the United Kingdom, and the wider Caribbean, where descendants of pre-independence nationals continue to seek recognition.

Observers suggest that if the petition gains parliamentary traction, it could spark one of the most consequential constitutional debates since independence — redefining who counts as a Kittitian or Nevisian in the modern era.

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Conclusion

Kimara Smith’s petition may be only a single voice on the Order Paper — but it carries the weight of an entire diaspora’s yearning to belong.
Whether the National Assembly chooses to amend Section 90 or merely acknowledge its limitations, this moment has already ignited a conversation long overdue: the right of every Kittitian and Nevisian descendant, wherever born, to call these twin islands home.